In accordance with Chapter 253 of the Health and Safety Code the purpose of the Employee Misconduct Registry is to ensure that unlicensed personnel who commit acts of abuse, neglect, exploitation, misappropriation, or misconduct against residents and consumers are denied employment in HHSC-regulated facilities and agencies.
HHSC-regulated facilities and agencies are required to check the Employee Misconduct Registry and Nurse Aide Registry before hiring an individual and on an annual basis to determine if the person is listed in either registry as having committed an act of abuse, neglect, exploitation, misappropriation, or misconduct against a resident or consumer and is, therefore, unemployable. Currently, there is one method available to perform these required searches:
With the implementation of FBI-based fingerprinting in 2021, Long-term Care Regulation (LTCR) also implemented Occupations Code (OC), Chapter 53, related to the consequences of a criminal conviction, specifically the 2019 legislative update to OC §53.023 concerning additional factors for licensing authorities to consider after determining a conviction directly relates to the occupation. With this implementation, it is possible for an individual to receive a license, permit, or certification even if the individual is not employable in one or more types of long-term care settings under Health and Safety Code §250.006.